Andreas’ practice focuses on cross border litigation. He specialises in various fields of commercial and corporate litigation and regularly appears before the district courts and Supreme Court in Cyprus representing prominent local and international clients, mostly in complex disputes with an international dimension. Andreas has vast experience in corporate fraud and asset recovery, shareholders’ disputes, recognition and enforcement proceedings as well as in corporate insolvency and restructuring. He also has significant expertise in obtaining and defending interim injunctive relief in support of proceedings in Cyprus and elsewhere.
Andreas is consistently ranked and recognised as a leading practitioner in the dispute resolution arena by the leading international directories such as Legal 500 and Who’s Who Legal. Andreas has been described as one who “fulfils all the clients’ needs in a competent and professional manner”, as a lawyer who was “perfect and performed beyond expectations”,“dynamic & methodical”, “accurate in the execution of his work”, “a strategic thinker” and having “great commercial awareness”.
Andreas is a Barrister of the Middle Temple, and a member of the Cyprus Bar Association, the International Bar Association, the Honourable Society of Middle Temple and the Chartered Institute of Arbitrators MCiArb. Andreas has authored numerous articles for publications on various topics relating to international cross-border litigation and arbitration and is a lecturer at the law department of Frederick University in Cyprus. In the past, Andreas has worked for Berwin Leighton Paisner LLP in London.
An effective weapon in a liquidator's and creditor's arsenal to ensure the fair and equal treatment of all creditors of a failing company is the ability to challenge past transactions that sought to favour one creditor to the detriment of others. Transactions entered into by Cyprus companies that are being wound up may be voided if they constitute fraudulent preference and took place during the statutory claw-back period.
Although it is a relatively unknown procedure, examinership may hold the key to the survival of businesses dealing with the financial consequences of the COVID-19 pandemic. Examinership can protect a business from any claims advanced against it in the short term and offer assistance in the form of an insolvency practitioner, who can devise a restructuring plan to safeguard the business's long-term survival.
As a result of the numerous cross-border structures involving Cyprus, the need to recognise foreign insolvency proceedings in Cyprus is becoming more common. While the framework for recognising cross-border insolvencies originating outside the European Union remains largely untested in Cyprus, case law shows the Cyprus courts' willingness to follow the principles of common law in line with current commercial realities.
The examinership framework – which was introduced to the Companies Law in 2015 – offers an effective mechanism for restructuring financially distressed companies. However, judging from relevant case law, it appears that an application for examinership must be pursued promptly when the financial distress arises and not when the need for a moratorium becomes apparent.
Schemes of arrangement have advantages over other insolvency procedures. For example, they offer a flexible, operational, creative and simple mechanism for restructuring debt and allow companies in financial distress to continue as going concerns. Recent statutory amendments have reduced the required statutory threshold for approving a scheme of arrangement and eliminated the requirement to secure a special majority of 75% in both value and the number of creditors present and voting.